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NORTHERN INSURANCE COMPANY OF NEW YORK v. TIG INSURANCE COMPANY

2 A.D.3d 422 (2003)

767 N.Y.S.2d 809

NORTHERN INSURANCE COMPANY OF NEW YORK, Appellant-Respondent, v. TIG INSURANCE COMPANY, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 2003.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof declaring that the parties are each responsible for their pro rata share of their indemnity obligations and substituting therefor a provision declaring that the plaintiff's automobile insurance policy provides only excess coverage to Jana Construction Company and the Long Island Rail Road to the extent that the Long Island Rail Road may be found liable for Jana Construction Company...

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